Manifest madness mental incapacity in the criminal law
Understanding mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and also medical and social understandings of mental illness and incapacity. With its focus on the complex int...
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| Formato: | Libro electrónico |
| Idioma: | Inglés |
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Oxford :
Oxford University Press
2012.
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| Edición: | First edition |
| Colección: | Oxford monographs on criminal law and criminal justice.
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| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009425012406719 |
Tabla de Contenidos:
- Cover Page; Title Page; Copyright Page; Dedication; Contents; Table of Cases; Table of Old Bailey Proceedings; Table of Legislation; List of Abbreviations; Part I; 1. The Terrain of Mental Incapacity in Criminal Law; Why Examine Mental Incapacity?; Carving Out a Useful Approach to Mental Incapacity in Criminal Law; Overview of the Book; 2. Putting Mental Incapacity Together Again; Reconstructing Mental Incapacity in Criminal Law; The Category of Mental Incapacity Doctrines in Criminal Law; Difference within Criminal Law; 3. 'Manifest Madness': The Intersection of 'Madness' and Crime
- The Terrain of Mental Incapacity in Criminal LawThe Ontology of 'Madness' at the Point of Intersection with Crime; The Epistemology of 'Madness' at the Point of Intersection with Crime; Part II; 4. Dynamics of Inclusion and Exclusion: Unfitness to Plead and Infancy; Informal Legal Practices and the Emergence of the Doctrines; Formalization of Unfitness to Plead and Infancy I: Dangerousness and Disposal; Formalization of Unfitness to Plead and Infancy II: Fairness and Special Treatment; Formalization of Unfitness to Plead and Infancy III: the Rise of a Dynamic of Exclusion
- 5. Incapacity and Disability: the Exculpatory Doctrines of Insanity and AutomatismOf Unsound Minds and Wild Beasts: Insanity before M'Naghten; The Cleaving Apart of Insanity and Automatism; A 'fierce and fearful delusion': Daniel M'Naghten and the Creation of the M'Naghten Rules; Insanity As We Know It: the M'Naghten Rules; The Appearance of a Discrete Automatism Doctrine and the Rise of Disability as a Basis for Insanity; The Persistence of Incapacity: the Requirements of the Doctrine of Automatism; On the Eve of Reform?; 6. Knowing and Proving Exculpatory Mental Incapacity
- The Naturalization of 'Madness' and the Role of Common Knowledge of 'Madness''As a medical man, I have no hesitation in saying so': Expert Knowledges of 'Madness'; 'I have seen a great many insane persons, and I should put him down as such': the Significance of Prudential Knowledge and the Ongoing Role of Lay Knowledge; Knowing More Than They Can Say: Experts (and Non-Experts) in the Current Era; Proving Exculpatory 'Madness': Reconstruction and Due Process; Part III; 7. 'Since the days of Noah': the Law of Intoxicated Offending; The Emergence of an Informal Intoxication Plea
- 'The nature of her mania was madness from drink': the Development of Expertise on IntoxicationThe Formalization of the Law of Intoxicated Offending; The Apogee of Formalization?: DPP v Majewski; Beyond the Bounds of Majewski: Amoral Intoxication; Lay Knowledge of Intoxication in Criminal Law; The Janus-face of the Law of Intoxicated Offending; 8. Gender, 'Madness', and Crime: the Doctrine of Infanticide; Proscribing Infanticide: 'Lewd Women' and 'Bastard' Children; 'Out of her usual senses': Infanticide and Incapacity; Liability, Responsibility, and the 'Infanticidal' type
- Of Imbalance and Disturbance: the Current Law of Infanticide
